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VIC Credit Card Identity Theft - What to Do Under Criminal Law?

Discussion in 'Criminal Law Forum' started by jazzzcrave1, 6 March 2016.

  1. jazzzcrave1

    jazzzcrave1 Member

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    Hello everyone,

    I have a friend who got a phone call from NAB Security a few days before, asking if he has withdrawn any cash from an ATM from a credit card. He informed the person that he does not have any account with NAB. The person called him up the next day and informed him that somebody is using a credit card under his name and being used for a good role of cash and paying taxis and fuel at petrol stations.

    Now, a day before that, he also got a phone call from another credit union asking if he has applied for a credit card and he has given a name of a person with an email address, and that person used to be his friend, so possibly that person is using his details. We wanted to make sure that his credit rating is not affected, so we've been advised to go to the police station to lodge a complaint and a statutory declaration, and forward the details to NAB, so they can investigate further.

    Just wanted to get more information on this sort of scenario as to what our rights are under Criminal Law, and what can possibly happen because of this identity theft.

    My friend called the suspect and he is sort of prepared with and answer, threatening to come for my friend if he complains but is denying, so obviously he is aware of some or the full extent. Later, he called and said, "I now remember that I took a pic of your licence to help you get a work reference" though my friend is confident that he never allowed anyone to take his licence photo.

    Please help us, as to what the best thing to do should be.

    I will really appreciate your answers and your help.

    Thank you in advance.
     
  2. Rod

    Rod Well-Known Member

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    Document as much as possible and go to the police ASAP. Keep updating the police as new information comes through. Keep records of all information and hope you don't need to use it to defend your friend.

    Identity fraud can sometimes be hard to prove and may take sometimes to sort out. Keep on top of everything as some as you become aware of it. Your friend also needs to liaise with the organisations that have been defrauded and assist them when they ask for their money/goods/damages. If your friend doesn't co-operate it may appear as though he is the crook.

    Not sure if police will provide a reference number for you but at the very least record who you spoke to at the station (name and rank), which station it was and the time of the report, for each and every report you make.

    Good luck.
     
  3. jazzzcrave1

    jazzzcrave1 Member

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    I

    Hi Rod,

    Thanks a lot for the reply. We went to the station to report it. We did a statutory declaration to forward to the bank. Police gave him a form/report for him to fill and get the bank to fill. Police claim it's easy to catch up with the person as he is using the card in Melbourne and paying uber plus cash withdrawal.

    Hopefully, we get to some point soon.

    Thanks for the help. Really appreciate it.
     

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